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(영문) 의정부지방법원 2017.06.02 2016고단5445
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

2,900,000 won shall be additionally collected from the defendant.

As above, the defendant.

Reasons

Punishment of the crime

[Criminal record] On July 25, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Ulsan District Court for ten months, and completed the execution of imprisonment with prison labor at the Ulsan District Court on March 13, 2015.

[Criminal facts] The Defendant is not a narcotics handler

1. On March 9, 2016, the Defendant remitted KRW 500,000 to the national bank account in the name of D used by C, and purchased approximately 2.5g of the Metephere, which is a native mental medicine delivered by C to Kwikset service, (hereinafter referred to as “philopon”).

2. On March 22, 2016, the Defendant remitted KRW 900,00 to the national bank account in the name of D used by C, and purchased approximately five grams from C by receiving approximately five grams from C, in front of the H located in G in the 20:50 on the same day.

3. On April 19, 2016, the Defendant remitted a total of KRW 800,000 to the national bank account in the name of D used by C, and around 22:00 on the same day, the Defendant purchased 5 grams from C in the passenger car of the victim parked in front of the J hotel located in Busan Dong-gu, Busan.

4. The Defendant provided marijuana to C at the same time and at the same place as the above 3 paragraphs, and to C without compensation.

5. On July 29, 2016, at around 03:50, the Defendant purchased a local mental medicine in front of the H point in the foregoing paragraph 2, by receiving C a 200,000 won and a 0.7gopon from C.

6. The Defendant provided marijuana to C at the same time and at the same place as the above 5, and to C without compensation.

Summary of Evidence

1. Partial statement of the defendant (as at the fifth public trial date);

1. The legal statement of the witness C;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement 1.3 concerning C by each prosecutor.

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